repealed. in a legible hand, in some book kept in the office of the corporation, to be known as the "Book of By-Laws," and no by-law shall take effect until so copied, and the book shall then be opened to the inspection of the public during office hours of each day except holidays. The by-laws may be May be repealed or amended, or new by-laws may be adopted, at the amended or annual meeting, or at any other meeting of the stockholders or members, called for that purpose by the Directors, by a vote representing two thirds of the subscribed stock, or by two thirds of the members. The written assent of the holders of two thirds of the stock, or two thirds of the members if there be no capital stock, shall be effectual to repeal or amend any by-law, or to adopt additional by-laws. The Power to power to repeal and amend the by-laws, and adopt new be delegated by-laws may, by a similar vote at any such meeting, or sim- to Board of ilar written assent, be delegated to the Board of Directors. The power, when delegated, may be revoked by a similar vote, at any regular meeting of the stockholders or members. Whenever any amendment or new by-law is adopted, it shall Amendment be copied in the book of by-laws with the original by-laws, and immediately after them, and shall not take effect until book. so copied. If any by-law be repealed, the fact of repeal, with the date of the meeting at which the repeal was enacted, or written assent was filed, shall be stated in said book, and until so stated the repeal shall not take effect. amend Directors. and repeal to CHAPTER CXLII. An Act to amend section eight hundred and sixty-nine of an Act entitled "An Act to establish a Penal Code," approved February 14, 1872, relative to the taking and authentication of testimony on examinations in criminal cases, and to provide for the fees to be paid therefor. [Approved March 14, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section eight hundred and sixty-nine of the Penal Code of the State of California is hereby amended so as to read as follows: case of reduced to 869. The testimony of each witness in cases of homicide Testimony of must be reduced to writing, as a deposition, by the magis- witness in trate, or under his direction, and in other cases upon the homicide demand of the Prosecuting Attorney, or the defendant, or writing. his counsel. The magistrate before whom the examination. is had may, in his discretion, order the testimony and pro- Taken in ceedings to be taken down in shorthand in all examinations shorthand. herein mentioned, and for that purpose he may appoint a shorthand reporter. The deposition or testimony of the witness must be authenticated in the following form: First-It must state the name of the witness, his place of residence, and his business or profession. May be authenticated as follows. May be authenti cated as follows. Reporter's compensa tion. Second-It must contain the questions put to the witness and his answers thereto, each answer being distinctly read to him as it is taken down, and being corrected or added to until it conforms to what he declares is the truth, except in cases where the testimony is taken down in shorthand, the answer or answers of the witness need not be read to him. Third-If a question put be objected to on either side and overruled, or the witness declines answering it, that fact, with the ground on which the question was overruled or the answer declined, must be stated. Fourth-The deposition must be signed by the witness, or if he refuses to sign it, his reason for refusing must be stated in writing, as he gives it, except in cases where the deposition is taken down in shorthand, it need not be signed by the witness. Fifth-It must be signed and certified by the magistrate when reduced to writing by him, or under his direction, and when taken down in shorthand, the transcript of the reporter appointed as aforesaid, when written out in longhand writing, and certified as being a correct statement of such testimony and proceedings in the case, shall be prima facie a correct statement of such testimony and proceedings. The reporter shall, within ten days after the close of such examination, if the defendant be held to answer the charge, transcribe into longhand writing his said shorthand notes, and certify and file the same with the County Clerk of the county, or city and county, in which the defendant was examined, and shall, in all cases, file his original notes with said Clerk. Sixth-The reporter's compensation shall be fixed by the magistrate before whom the examination is had, and shall not exceed that now allowed reporters in the Superior Courts of this State, and shall be paid out of the treasury of the county, or the city and county, in which the examination is had, on the certificate and order of the said magistrate. SEC. 2. All Acts or parts of Acts in conflict herewith are hereby repealed. SEC. 3. This Act shall take effect on and after its passage. CHAPTER CXLIII. An Act to amend the Civil Code by adding to part four, division first, a new title, providing for the incorporation of colleges and seminaries of learning. [Approved March 14, 1885.] The People of the State of California, represented in Senate and SECTION 1. An Act entitled an Act to establish a Civil Code, approved March twenty-first, eighteen hundred and seventy-two, is hereby amended by adding to part four, of division first, a new title, which shall read as follows: TITLE XVII.-COLLEGES AND SEMINARIES OF LEARNING. incorpora 649. Any number of persons who may desire to establish contents of a college or seminary of learning, may incorporate them- articles of selves as provided in this part, except that in lieu of the tion of requirements of section two hundred and ninety, the articles learning. of incorporation shall contain: First-The name of the corporation. Second-The purpose for which it is organized. Third-The place where the college or seminary is to be conducted. Fourth-The number of its Trustees, which shall not be less than five nor more than fifteen, and the names and residences of the Trustees. The term for which the Trustees named and their successors are to hold office may also be stated. If it is desired that the Trustees, or any portion of them, shall belong to any organization, society, or church, such limitation shall be stated. Fifth-The names of those who have subscribed money or property to assist in founding the seminary or college, together with the amount of money and description of property subscribed. colleges of Trustees. 650. Unless otherwise provided in the articles of incor- Term of poration the Board of Trustees shall, as soon as organized, so classify themselves that one fifth of their number shall go out of office every year, and thereafter the Trustees shall hold office for five years. A majority of the Trustees Quorum. shall constitute a quorum for the transaction of business, and the office of the corporation shall be at the college or seminary. The Trustees shall have power: Power of Trustees. First-To elect, by ballot, annually one of their number as Elect President of the Board. President. Second-Upon the death, removal out of the State, or other Fill vacancy. vacancy in the office, or expiration of the term of any Trustee, to elect another in his place; provided, that where there are graduates of the institution, such graduates may, under such rules as the Board shall prescribe, nominate persons to fill vacancies in the Board of Trustees. Such nominations shall be considered by the Board, but it may reject any or all such nominations, and of its own motion. appoint others. Third-To elect additional Trustees; provided, the whole Elect other number elected shall never exceed fifteen at any one time. Trustees. Fourth-To declare vacant the seat of any Trustee who Declare shall absent himself from eight succeeding meetings of the vacancy. Board. Fifth-To receive and hold, by purchase, gift, devise, be- Hold quest, or grant, real or personal property for educational property. purposes connected with the corporation, or for the benefit of the institution. and lease Sixth-To sell, mortgage, lease, and otherwise use and dis- To mortgage pose of the property of the corporation in such manner as property. Course of study. Appoint President. Appoint professors. Issue diplomas. Salaries. By-laws. Existing may this Act. they shall deem most conducive to the prosperity of the corporation. Seventh-To direct and prescribe the course of study and discipline to be observed in the college or seminary. Eighth-To appoint a President of the college or seminary, who shall hold his office during the pleasure of the Trustees. Ninth-To appoint such professors, tutors, and other officers as they shall deem necessary, who shall hold their offices during the pleasure of the Trustees. Tenth-To grant such literary honors as are usually granted by any University, college, or seminary of learning in the United States, and in testimony thereof to give suitable diplomas under their seal, and the signature of such officers of the corporation and the institution as they shall deem expedient. Eleventh-To fix salaries of the President, professors, and other officers and employés of the college or seminary. Twelfth-To make all by laws and ordinances necessary and proper to carry into effect the preceding powers and necessary to advance the interests of the college or seminary; provided, that no by-laws or ordinance shall conflict with the Constitution or laws of the United States, or of this State. 651. Any educational corporation, or body claiming to corporations be such, now existing, may, by a unanimous vote of those porate under of its Trustees present at a special meeting called for that purpose, and of which due notice shall be given to each Trustee, convey all its property, rights, and franchises, to a corporation organized under this title. The fact that due notice of the meeting was given to each Trustee shall be conclusively proven by the entries in the minutes of the corporation or body making the conveyance. Said minutes shall be certified to be correct by the President and Secretary. SEC. 2. This Act shall take effect from and after its passage. Superintend Secretary. Salary. CHAPTER CXLIV. An Act to amend an Act entitled an Act to provide for the organization, incorporation, and government of municipal corporations, approved March 13, 1883. [Approved March 14, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section seven hundred and eleven of said 711. The Superintendent shall be ex officio Secretary of ent ex officio the Board of Education, and shall receive for his services a salary which shall not exceed eighteen hundred dollars per To report to annum. He shall report to the City Council, annually, on Council. or before the first Monday in January, and at such other times as they may require, all matters pertaining to the expenditures, income, condition, and progress of the public schools of the city during the preceding year, together with such accommodations as he may deem proper, and shall, at the regular meeting of the Board of Education in June of each year, submit to the Board a detailed statement of the amount, as near as may be ascertained, of fuel, blanks, blank books, apparatus, stationery, and such other articles, materials, or supplies, including books for indigent children, as may be necessary for the use of the city schools and the Board for one year following. He shall have power to Power to administer oaths and affirmations concerning any demand administer upon the treasury payable out of the School Fund, or other matters relating to his official duties. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAPTER CXLV. An Act to amend section three hundred and thirty of an Act entitled an Act to establish a Penal Code, approved February 14, 1872, to prohibit gaming. [Approved March 14, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section three hundred and thirty of an Act entitled an Act to establish a Penal Code, approved February fourteenth, eighteen hundred and seventy-two, is amended to read as follows: conduct 330. Every person who deals, plays, or carries on, opens, Misde or causes to be opened, or who conducts either as owner or meanor to employé, whether for hire or not, any game of faro, monte, game of roulette, lansquenet, rouge et noire, rondo, tan, fan-tan, stud- chance. horse poker, seven and a half, twenty-one, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any other representative of value, is punishable by fine of not less than two hundred nor more Penalty. than one thousand dollars, and shall be imprisoned in the county jail until such fine and costs of prosecution are paid, such imprisonment not to exceed one year; and every person Misdewho plays or bets at or against any of said prohibited game meanor to or games, is guilty of a misdemeanor. |